Boutilier v. Immigration and Naturalization Service
United States Supreme Court
387 U.S. 118, 87 S. Ct. 1563, 18 L. Ed. 2D 661 (1967)
- Written by Alexis Franklin, JD
Facts
Clive Boutilier (plaintiff), a Canadian, entered the United States in 1955 at 21 years of age. Boutilier applied for citizenship in 1963, at which time he admitted to being arrested on a sodomy charge in October 1959. Boutilier also admitted to having a history of homosexual experiences prior to his first entry into the United States, and he shared an apartment in the United States with a man with whom he had homosexual relations. The Public Health Service opined that based on his history of homosexuality, Boutilier was “afflicted with psychopathic personality,” and the Immigration and Naturalization Service (defendant) ordered that he be deported back to Canada, pursuant to § 212 (a)(4) of the Immigration and Nationality Act of 1952 (the statute). Boutilier appealed on the basis that the statute was constitutionally defective because it failed to adequately warn him that he could be deported for being homosexual. Boutilier’s appeal was dismissed by the Board of Immigration Appeals, and his petition for review in the court of appeals was also dismissed.
Rule of Law
Issue
Holding and Reasoning (Clark, J.)
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